LAWRENCE J. HOGAN, JR., Governor Ch. 730
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Chapter 730
(House Bill 303)
AN ACT concerning
Public Safety – Maryland Swimming Pool and Spa Standards – Adoption
FOR the purpose of requiring the Maryland Department of Labor to adopt by regulation
the International Swimming Pool and Spa Code as the Maryland Swimming Pool
and Spa Standards; providing for the implementation of the Standards by the
Department, local jurisdictions, counties, and municipalities; requiring the
Department to consult with the Maryland Department of Health on the
implementation of the Standards in relation to the regulation of the operation and
maintenance of swimming pools and spas; and generally relating to the Maryland
Swimming Pool and Spa Standards.
BY adding to
Article – Public Safety
Section 12–1201 through 12–1207 to be under the new subtitle “Subtitle 12.
Maryland Swimming Pool and Spa Standards”
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
SUBTITLE 12. MARYLAND SWIMMING POOL AND SPA STANDARDS.
12–1201.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “ADDITIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL
SWIMMING POOL AND SPA CODE.
(C) “ALTERATIONS” HAS THE MEANING STAT ED IN THE INTERNATIONAL
SWIMMING POOL AND SPA CODE.
(D) “DEPARTMENT ” MEANS THE MARYLAND DEPARTMENT OF LABOR.
Ch. 730 2022 LAWS OF MARYLAND
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(E) (1) “INTERNATIONAL SWIMMING POOL AND SPA CODE” MEANS THE
FIRST PRINTING OF TH E MOST RECENT EDITIO N OF THE INTERNATIONAL
SWIMMING POOL AND SPA CODE ISSUED BY THE INTERNATIONAL CODE COUNCIL.
(2) “INTERNATIONAL SWIMMING POOL AND SPA CODE” DOES NOT
INCLUDE INTERIM AMEN DMENTS OR SUBSEQUENT P RINTINGS OF THE MOST
RECENT EDITION OF TH E INTERNATIONAL SWIMMING POOL AND SPA CODE.
(F) “LOCAL JURISDICTION ” MEANS THE COUNTY OR MUNICIPAL
CORPORATION THAT IS RESPONSIBLE FOR IMPL EMENTATION AND ENFOR CEMENT
OF THE STANDARDS UNDER THIS SUBTITLE.
(G) “REPAIRS” HAS THE MEANING STAT ED IN THE INTERNATIONAL
SWIMMING POOL AND SPA CODE.
(H) “SPA” HAS THE MEANING STAT ED IN THE INTERNATIONAL SWIMMING
POOL AND SPA CODE.
(I) “STANDARDS” MEANS THE MARYLAND SWIMMING POOL AND SPA
STANDARDS.
(J) “SWIMMING POOL ” HAS THE MEANING STAT ED IN THE INTERNATIONAL
SWIMMING POOL AND SPA CODE.
12–1202.
(A) THIS SUBTITLE DOES NO T ALTER OR ABROGATE THE AUTHORITY OF :
(1) THE STATE FIRE PREVENTION COMMISSION TO ENFORCE THE
ELECTRICAL CODE UNDER SUBTITLE 6 OF THIS TITLE;
(2) THE PUBLIC SERVICE COMMISSION TO ENFORCE THE ENERGY
CODE DEFINED UNDER TH E ENERGY CONSERVATION BUILDING STANDARDS ACT,
TITLE 7, SUBTITLE 4 OF THE PUBLIC UTILITIES ARTICLE; OR
(3) THE MARYLAND DEPARTMENT OF HEALTH TO:
(I) ENFORCE THE STANDARDS FOR THE DES IGN AND
CONSTRUCTION , INCLUDING ADDITIONS , ALTERATIONS , OR REPAIRS, OF PUBLIC
SWIMMING POOLS ; OR
(II) REGULATE THE OPERATI ON AND MAINTENANCE O F
SWIMMING POOLS AND S PAS.
LAWRENCE J. HOGAN, JR., Governor Ch. 730
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(B) THIS SUBTITLE DOES NO T ALTER OR ABROGATE ANY ZONING POWER OR
RELATED AUTHORITY OF A COUNTY OR MUNICIPA L CORPORATION .
(C) THIS SUBTITLE DOES NO T ALLOW OR ENCOURAGE THE STATE TO
INITIATE OR ASSUME A N INDEPENDENT ROLE I N THE ADMINISTRATION AND
ENFORCEMENT OF THE STANDARDS FOR A SWIMM ING POOL OR SPA THAT IS NOT
OWNED OR OPERATED BY THE STATE.
12–1203.
(A) (1) THE (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH , THE DEPARTMENT SHALL ADOP T BY REGULATION , AS THE MARYLAND
SWIMMING POOL AND SPA STANDARDS, THE INTERNATIONAL SWIMMING POOL
AND SPA CODE, WITH THE MODIFICATIO NS INCORPORATED BY T HE DEPARTMENT
IN ACCORDANCE WITH S UBSECTION (B) OF THIS SECTION.
(II) THE DEPARTMENT SHALL ADOP T, AS PART OF THE
STANDARDS, THE PROVISIONS OF TH E INTERNATIONAL SWIMMING POOL AND SPA
CODE RELATING TO THE REQUIREMENTS FOR ADDIT IONS, ALTERATIONS , AND
REPAIRS WITHOUT MODI FICATION.
(2) THE DEPARTMENT SHALL ADOP T EACH SUBSEQUENT VE RSION OF
THE STANDARDS WITHIN 18 MONTHS AFTER IT IS I SSUED.
(B) BEFORE ADOPTING EACH VERSION OF THE STANDARDS, THE
DEPARTMENT SH ALL:
(1) REVIEW THE INTERNATIONAL SWIMMING POOL AND SPA CODE
TO DETERMINE WHETHER MODIFICATIONS SHOULD BE INCORPORATED IN T HE
STANDARDS;
(2) CONSIDER CHANGES TO THE INTERNATIONAL SWIMMING POOL
AND SPA CODE TO ENHANCE ENERG Y CONSERVATION AND E FFICIENCY;
(3) SUBJECT TO THE PROVI SIONS OF ITEM (2) OF THIS SUBSECTION ,
ADOPT MODIFICATIONS TO THE STANDARDS THAT ALLOW ANY INNOVATIVE
APPROACH, DESIGN, EQUIPMENT, OR METHOD OF CONSTRU CTION, INCLUDING
ADDITIONS, ALTERATIONS , OR REPAIRS, THAT CAN BE DEMONSTR ATED TO OFFER
ADDITIONAL ENERGY EF FICIENCY;
(4) CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH ON
THE EFFECT OF THE PR OPOSED CHANGES ON HE ALTH AND SAFETY ;
(5) ACCEPT WRITTEN COMME NTS; Ch. 730 2022 LAWS OF MARYLAND
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(6) CONSIDER ANY COMMENT S RECEIVED; AND
(7) HOLD A PUBLIC HEARING ON EACH PROP OSED MODIFICATION .
(C) THE STANDARDS APPLY TO EA CH SWIMMING POOL OR SPA IN THE
STATE FOR WHICH AN AP PLICATION FOR A PERM IT IS RECEIVED BY A LOCAL
JURISDICTION ON OR A FTER JUNE 1 DECEMBER 31, 2023.
12–1204.
(A) A LOCAL JURISDICTION MAY ADOPT LOCAL AMEN DMENTS TO THE
STANDARDS IF THE LOCA L AMENDMENTS DO NOT :
(1) PROHIBIT THE MINIMUM IMPLEMENTATION AND E NFORCEMENT
ACTIVITIES SET FORTH IN § 12–1205 OF THIS SUBTITLE ; OR
(2) WEAKEN ENERGY CONSER VATION AND EFFICIENC Y PROVISIONS
CONTAINED IN THE STANDARDS.
(B) IF A LOCAL JURISDICTI ON ADOPTS A LOCAL AM ENDMENT TO THE
STANDARDS, THE STANDARDS AS AMENDED BY THE LOCAL JURISDI CTION APPLY IN
THE LOCAL JURISDICTI ON.
(C) IF A LOCAL AMENDMENT CONFLICTS WITH THE STANDARDS, THE LOCAL
AMENDMENT PREVAILS IN THE LOCA L JURISDICTION.
(D) A LOCAL JURISDICTION T HAT ADOPTS A LOCAL A MENDMENT TO THE
STANDARDS SHALL ENSUR E THAT THE LOCAL AME NDMENT IS ADOPTED IN
ACCORDANCE WITH APPL ICABLE LOCAL LAW .
(E) TO KEEP THE DATABASE ESTABLISHED UNDER TH IS SUBTITLE
CURRENT, A LOCAL JURISDICTION THAT ADOPTS A LOCAL AMENDMENT TO THE
STANDARDS SHALL PROVI DE A COPY OF THE LOC AL AMENDMENT TO THE
DEPARTMENT :
(1) AT LEAST 15 DAYS BEFORE THE EFFE CTIVE DATE OF THE
AMENDMENT ; OR
(2) WITHIN 5 DAYS AFTER THE ADOPT ION OF AN EMERGENCY LOCAL
AMENDMENT .
12–1205.
LAWRENCE J. HOGAN, JR., Governor Ch. 730
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(A) (1) (I) EACH LOCAL JURISDICTI ON SHALL IMPLEMENT A ND
ENFORCE THE MOST CUR RENT VERSION OF THE STANDARDS AND ANY LOC AL
AMENDMENTS TO THE STANDARDS.
(II) ANY MODIFICATION OF T HE STANDARDS ADOPTED BY THE
STATE ON OR AFTER DECEMBER 31, 2022, SHALL BE IMPLEMENTED AND ENFORCED
BY A LOCAL JURISDICT ION NOT LATER THAN 12 MONTHS AFTER THE
MODIFICATIONS ARE AD OPTED BY THE STATE.
(2) AT A MINIMUM, THE LOCAL JURISDICTI ON SHALL ENSURE THAT
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS INCLUDES :
(I) REVIEW AND ACCEPTANC E OF APPROPRIATE PLA NS;
(II) ISSUANCE OF WORK PERMITS;
(III) INSPECTION OF THE WO RK AUTHORIZED BY THE WORK
PERMITS; AND
(IV) ISSUANCE OF APPROPRI ATE USE AND OCCUPANC Y
CERTIFICATES .
(3) EACH LOCAL JURISDICTI ON SHALL DETERMINE T HE MANNER IN
WHICH THE MINIMUM IM PLEMENTATION AND ENF ORCEMENT ACTIVITIES OF THIS
SUBSECTION ARE CARRI ED OUT.
(B) (1) EXCEPT AS OTHERWISE P ROVIDED IN THIS SUBS ECTION, THE
COUNTY IN WHICH A SW IMMING POOL OR SP A IS LOCATED SHALL I MPLEMENT AND
ENFORCE THE STANDARDS FOR THAT SW IMMING POOL OR SPA I N ACCORDANCE
WITH THIS SUBTITLE .
(2) (I) A MUNICIPAL CORPORATIO N THAT DID NOT ADOPT A
SWIMMING POOL AND SP A CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, MAY
ELECT TO IMPLEMENT AND ENFORC E THE STANDARDS IN ACCORDAN CE WITH THIS
SUBTITLE FOR SWIMMIN G POOLS OR SPAS LOCA TED IN THE MUNICIPAL
CORPORATION .
(II) IF A MUNICIPAL CORPOR ATION ELECTS TO IMPL EMENT AND
ENFORCE THE STANDARDS UNDER THIS PARAGRAPH , THE COUNTY IN WHIC H THE
MUNICIPAL CORPORATIO N IS LOCATED IS NOT RESPONSIBLE FOR
IMPLEMENTATION AND E NFORCEMENT OF THE STANDARDS IN THE MUNI CIPAL
CORPORATION .
Ch. 730 2022 LAWS OF MARYLAND
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(3) A COUNTY THAT DID NOT ADOPT A SWIMMING POO L AND SPA
CODE BEFORE OCTOBER 1 DECEMBER 31, 2022, SHALL IMPLEMENT AND ENFORCE
THE STANDARDS IN THE COUN TY UNLESS IT ELECTS TO NEGOTIATE WITH A
MUNICIPAL CORPORATIO N IN THE COUNTY TO H AVE THE MUNICIPAL CO RPORATION
IMPLEMENT AND ENFORC E THE STANDARDS IN THE COUN TY.
(4) A MUNICIPAL CORPORATIO N THAT ADOPTED A SWI MMING POO L
AND SPA CODE BEFORE OCTOBER 1 DECEMBER 31, 2021 2022, SHALL IMPLEMENT
AND ENFORCE THE STANDARDS IN THE MUNI CIPAL CORPORATION UN LESS IT
ELECTS TO NEGOTIATE WITH THE COUNTY IN W HICH THE MUNICIPAL C ORPORATION
IS LOCATED TO HAVE T HE COUNTY IMPLEMENT AND ENFORCE THE STANDARDS IN
THE MUNICIPAL CORPOR ATION.
(C) A LOCAL JURISDICTION M AY CHARGE FEES NECES SARY TO COVER THE
COST OF IMPLEMENTATI ON AND ENFORCEMENT O F THE STANDARDS AND ANY
LOCAL AMENDMENTS TO THE STANDARDS.
12–1206.
(A) THE DEPARTMENT SHALL MAIN TAIN A CENTRAL AUTOMAT ED
DATABASE IN ACCORDAN CE WITH THIS SECTION .
(B) (1) AT A MINIMUM , THE DEPARTMENT SHALL INCL UDE IN THE
DATABASE:
(I) THE STANDARDS;
(II) LOCAL AMENDMENTS TO THE STANDARDS;
(III) THE ELECTRICAL CODE REQUIRED UNDER SUBTITLE 6 OF
THIS TITLE;
(IV) LOCAL AMENDMENTS TO THE ELECTRICAL CODE; AND
(V) INFORMATION COMPILED BY THE DEPARTMENT UNDER
PARAGRAPH (2) OF THIS SUBSECTION .
(2) THE DEPARTMENT MAY COMPIL E AND INCLUDE IN THE
DATABASE:
(I) ANY INFORMATION PROV IDED BY A LOCAL JURISDICTION
ON THE IMPLEMENTATIO N AND INTERPRETATION OF THE STANDARDS BY THE
LOCAL JURISDICTION ; AND LAWRENCE J. HOGAN, JR., Governor Ch. 730
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(II) INTERIM AMENDMENTS T O THE INTERNATIONAL
SWIMMING POOL AND SPA CODE INCLUDING SUBSEQ UENT PRINTINGS OF TH E MOST
RECENT EDITION .
(C) THE DEPARTMENT SHALL :
(1) MAKE INFORMATION FRO M THE DATABASE AVAIL ABLE TO A
LOCAL JURISDICTION , STATE UNIT, OR OTHER INTERESTED PARTY;
(2) PROVIDE EACH LOCAL J URISDICTION WITH THE NECESSARY
HARDWARE OR SOFTWARE TO ENABLE THE LOCAL JURISDICTION TO ACCE SS THE
INFORMATION IN THE D ATABASE; AND
(3) COORDINATE WITH LOCA L SWIMMING POOL AND SPA OFFICIALS,
THE STATE FIRE MARSHAL, AND LOCAL FIRE OFFIC IALS IN COMPILING
INFORMATION FOR THE DATABASE.
(D) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, THE DEPARTMENT MAY CHARGE A FEE FOR INFORMATIO N PROVIDED
FROM THE DATABASE .
(II) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A STATE
UNIT OR LOCAL JURISD ICTION.
(2) THE DEPARTMENT MAY NOT CH ARGE A FEE TO A LOCA L
JURISDICTION FOR THE ONGOING MAINTENANCE OF THE D ATABASE.
(3) FEES COLLECTED IN ACC ORDANCE WITH THIS SU BSECTION
UNEXPENDED AT THE EN D OF THE FISCAL YEAR DO NOT REVERT TO THE GENERAL
FUND OF THE STATE, BUT SHALL BE KEPT IN A SPECIAL FUND AVAIL ABLE TO THE
DEPARTMENT TO CARRY O UT THIS SUBTITLE.
12–1207.
(A) THE DEPARTMENT MAY :
(1) DEVELOP A VOLUNTARY FORUM THAT MAY BE US ED, ON REQUEST
OF A LOCAL JURISDICT ION, TO RESOLVE CONFLICTS THAT INVOLVE THE
STANDARDS; AND
(2) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE.
(B) THE DEPARTMENT: Ch. 730 2022 LAWS OF MARYLAND
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(1) SHALL NOTIFY EACH LO CAL JURISDICTION OF EACH CHANGE TO
THE INTERNATIONAL SWIMMING POOL AND SPA CODE AND THE IMPACT T HE
CHANGE WILL HAVE ON THE LOCAL AMENDMENTS IN THAT LOCAL JURISD ICTION;
(2) MAY PROVIDE TRAINING FOR LOCAL SWIMMING P OOL AND SPA
OFFICIALS ON THE STANDARDS AND CERTIFY THE PARTICIPATION OF LOCAL
SWIMMING POOL AND SP A OFFICIALS IN THE T RAINING;
(3) ON REQUEST , SHALL PROVIDE A LOCA L JURISDICTION WITH
TECHNICAL ASSISTANCE TO IMPLEMENT AND ENF ORCE THE STANDARDS; AND
(4) SHALL CONSULT WITH THE MARYLAND DEPARTMENT OF HEALTH
ON THE IMPLEMENTATIO N OF THE STANDARDS IN RELATION TO THE REGULATION
OF THE OPERATION AND MAINTENANCE OF SWIMM ING POOLS AND SPAS .
SECTION 2. AND BE IT FURTHER ENACTED, That :
(a) Except as provided in subsection (b) of this section, this Act shall be construed
to apply to swimming pools and spas, including swimming pools and spas in hotels and
motels, only prospectively and may not be applied or interpreted to have any effect on or
application to a swimming pool or spa in operation before the effective date of this Act.
(b) This Act shall be construed to apply to any swimming pool or spa for which
new construction or renovation, or a substantial and material structural change, this Act
does not apply to a swimming pool or spa built and in operation before June 1 December 31,
2023, unless there is construction or renovation that results in a substantial and material
structural change to the swimming pool or spa that occurs on or after the effective date of
this Act June 1 December 31, 2023.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.